IN THE HIGH COURT OF JUDICATURE AT BOMBAY
B.P.COLABAWALLA, SOMASEKHAR SUNDARESAN
Jagshi Jethabhai Chheda – Appellant
Versus
District Deputy Registrar of Cooperative Societies, Mumbai – Respondent
JUDGMENT :
B.P. COLABAWALLA, J.
1. Rule. Respondents waive notice. With the consent of the parties, Rule made returnable forthwith and heard finally.
2. The above Writ Petition is filed seeking the following reliefs:-
“(A) this Hon’ble Court be pleased to issue a writ of mandamus or in the nature of mandamus or any other appropriate writ, order or direction for Respondent No.1 to serve a certified copy of the final order passed by Respondent No.1 in the Application No.40 of 2021 filed by Respondent No.3 society for seeking deemed conveyance with respect to the Subject Land being Plot No.268, Dadar Matunga Estate, Teleng Road, Matunga (C.Rly.), bearing New Survey No.882 (Part) corresponding to Cadastral Survey No.5/10 of Matunga Division admeasuring 789 sq.yards equivalent to 734.95 sq.meters or thereabouts in the Registration District and Sub-District of Mumbai City and Mumbai Suburban and assessed by the Municipal Corporation of Greater Mumbai under Municipal F-Ward No.7374 (1/2/3), Street Nos.11 and 11A alongwith the said Building being a building known as ‘Meru Heights’ containing 27 apartments standing on the Subject Land;
(B) this Hon’ble Court be pleased to issue a writ of mandamu

The registration of deemed conveyance is void if the statutory notice and hearing requirements under Section 11(5) of MOFA are not followed.
The Maharashtra Ownership Flats Act mandates conveyance to be executed by promoters; failure triggers a remedial process under Section 11, which is not subject to extensive trials.
The competent authority under MOFA must properly examine the legality and validity of the deed of conveyance and consider the applicant's eligibility and the promoter's compliance with the obligation....
The main legal point established in the judgment is the limited scope of the Competent Authority's enquiry under section 11 of the Maharashtra Ownership of Flats Act, 1963, and the dismissal of the P....
The court affirmed that deemed conveyance under MOFA can apply to composite societies, despite differing member agreements, emphasizing equitable treatment and the necessity of proper procedural comp....
The Competent Authority's failure to ensure service of notice and adherence to natural justice principles invalidates the ex parte decision regarding Unilateral Deemed Conveyance.
The court affirmed that deemed conveyance can be granted under Section 11 of the Act even without an occupancy certificate, provided a self-declaration is submitted, preventing promoters from benefit....
The court affirmed that deemed conveyance can be granted without an occupancy certificate if a self-declaration is submitted, emphasizing the promoter's obligation to obtain such certificate.
The competent authority's jurisdiction to grant deemed conveyance is limited and cannot delve into aspects of title. An order granting deemed conveyance does not conclude the issue of right, title, a....
The court affirmed that a unilateral deemed conveyance can be granted under MOFA despite ongoing litigation, as the statutory rights of flat purchasers are not extinguished by an auction sale.
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